By: Wonderr Koryenen Freeman, Attorney, CFCS

The seat of power in Liberia, the Presidency, is now a crime scene. Just when you thought the criminality in Liberia’s public service could not get worse, it just did. Just when you thought that the Buga-dancing playboy pastor (aka Mr. Liar man), ex-President] George Weah, was Liberia’s worst disaster in the past 20 years, then comes Joseph Nyumah Boakai. Just when you thought that under George Weah’s presidency, Liberia was in a “frying pan.” Well, there you have it: Liberia is now in the “fire” – literally. Since taking office, Liberia’s president, Mr. Joseph Nyumah Boakai, has been on a law-breaking spree – including outright criminal acts. He has turned an honorable office – the Office of the President of the Republic of Liberia – into a veritable criminal enterprise. How many illegal acts does it take to impeach and prosecute Mr. President? In this article, I enumerate Mr. Boakai’s growing list of illegal acts (and, in some instances, outright crimes), many of which have been carried out in broad daylight. So far, Mr. President has enjoyed impunity. No surprises. This is Liberia! The concept of the rule of law is still alien here. We have a Ministry of Justice (MOJ) and an Anti-Corruption Commission (LACC), and a supreme audit institution (GAC). We also have a National Police (LNP). But in Liberia, our state institutions would rather wait for the Americans to come up with their [December] sanctions list. Our police (LNP) and public prosecution services (MOJ & LACC) operate as appendages of the ruling party. Accordingly, they would not open a criminal investigation. For example, we had the same institutions (i.e., LNP, LACC, MOJ, etc.) when the likes of Jefferson Koijee were committing gross human rights’ abuses, and the likes of Nathaniel McGill and George Weah were looting the country dry. Our state institutions took no action. Today, these ex-officials live freely in Liberia and elsewhere – enjoying their proceeds of crime with utter impunity. So, Mr. Boakai and the Grigsby-Bility (get-rich-quick tag-team) are now trying to outdo Mr. McGill and Mr. Weah when it comes to turning the Office of the President (Liberia) into a criminal enterprise.

The Liberian Presidential Oath and the Law on Impeachment

Contrary to the silence of the LNP, the MOJ, the LACC, and even the National Legislature, Liberia does have laws, and its President, Vice President, Chief Justice, and other high-ranking officials are not above the law. Below are constitutional provisions on the presidential oath and on impeachment.

Article 53(a): The President and the Vice-President shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect and defend the Constitution and laws of the Republic and faithfully execute the duties of the office.

Article 62: The President and the Vice-President may be removed from office by impeachment for treason, bribery and other felonies, violation of the Constitution or gross misconduct.

Article 43: The power to prepare a bill of impeachment is vested solely in the House of Representatives, and the power to try all impeachments is vested solely in the Senate. When the President, Vice President or an Associate Justice is to be tried, the Chief Justice shall preside; when the Chief Justice or a judge of a subordinate court of record is to be tried, the President of the Senate shall preside. …. The Legislature shall prescribe the procedure for impeachment proceedings …

Article 90(b): …No person holding office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.

The Brazen Illegality of Mr. Joseph Nyumah Boakai and His Coterie of Hustlers

Our President and many high-ranking public officials do take an oath before embarking on the public service mission – affirming to preserve, protect and defend the Constitution and laws of the Republic and faithfully execute the duties of the office (Art. 53[a]). Notwithstanding the unambiguous dictate of our Constitution, Mr. Boakai has violated nearly a dozen laws, ranging from the Constitution to multiple statutes – even extending to overt criminal acts. Of course, all this is occurring right before the watchful eyes of the LNP, the LACC, and the MOJ, and they are waiting for the American sanctions. Yes, a sovereign nation waiting on the Americans to stop crimes on its territory. This is hilarious!  So, the $64,000 question is: how many illegal acts does it take to bring charges against the President? How many? One? Two? Four? Eight? or 32? When will our law enforcement agencies say enough is enough? When will our National Legislature say enough is enough? I know that the Legislature is infested with budget mafias and national treasury looters, but it is their constitutional prerogative to file charges against the sitting President when warranted. Are they going to live up to the Constitution? Or will they continue with business as usual? So, while we await action by the National Legislature, let’s continue to count Mr. Boakai’s numerous illegal acts.

1. Violation of the Code of Conduct Act (2014) – Part X, §10.1 – Declaration of Assets…

The law says, “Every Public Official shall declare his or her income, assets, and liabilities prior to taking office…”Contrary to his oath of office to “preserve, protect and defend the Constitution and laws of the Republic”, Mr. Boakai decided that the laws of laws of Liberia do not apply to him. He failed to declare his “income, assets and liability” prior to taking office as clearly stated in the law. When he finally did – some 19 days later – he called the cameras to take pictures [evidence] of his illegality. Under the law, the LACC (in particular) should have taken action. But of course, in Liberia, state institutions, including the police and prosecution services, see themselves as appendages of the ruling party, so the President’s law-breaking spree was treated as a non-issue.

2. Violation of Code of Conduct Act (2014) [§10.3, False Declaration] & Violation of the New Penal [(1976), [§12.31, §12.32, §12.33] 

In official statements to the government, it goes without saying that one must always be truthful. The Code of Conduct Act recommends sanctions for false declaration; the same applies to such acts under Liberia’s criminal code. Mr. Boakai’s assets declaration contains material omissions and intentional misstatements. For example, his declared income is a mere 11% of his known public expenditures. And if you factor in the fact that he must feed his family, this could be even at most 5%.

1. Intentional Misstatements

[Mr. Boakai] Income disclosed (USD)		Well-publicized Expenditure by Mr. Boakai (US$)
Salary	13,400	Donation to Fire Victims (Bong)	58,000
Rent Income	15,000	Donation to Unity Party  to celebrate UP’s victory in the elections	365,000
Income from Other Property	18,000
Total income	46,400	Total Public Expenditure	423,000

Here is a man who is on record for saying he was “surviving on loans”. Suddenly, after winning the Liberian presidential election, Mr. Boakai is awash with cash, making donations left and right. The LACC and the MOJ seem to be okay with the broad-day fraud on the Liberian people.

• Material Omissions

It is well documented that during the Liberian 2023 elections, Mr. Boakai received regular monthly “couple thousand” dollars from US-based convicted fraudster Mr. Stanton Witherspoon. Mr. Boakai’s declaration of income absolutely omits this income (donation). Whenever the government asks its citizens to declare income (for whatever legal reasons), it means all income from whatever source. It is not up to the citizens to pick and choose what to include. Only the government gets to decide which [income] is relevant for government purposes. This is a material omission by Mr. Boakai. Again, The LACC and the MOJ seem to be okay with the broad-day fraud on the Liberian people.

3. Constitution Violation (#1) – Art.3 – Separation of Power.

The Liberian constitution is clear: …The form of government is Republican with three separate coordinate branches: the Legislative, the Executive, and the Judiciary. Consistent with the principles of separation of powers and checks and balances, no person holding office in one of these branches shall hold office in or exercise any of the powers assigned to either of the other two branches.

Notwithstanding the unambiguous nature of this constitutional provision, Mr. Boakai (under pressure from partisans for jobs) set up a committee of Senators to manage appointments of executive officials. The following headlines by Rodney Sieh/FrontPage Africa says it all: Liberia: Under Pressure President Reportedly Sets up Team to Deal with Appointments [January 29, 2024][1]. According to Mr. Sieh, at least five senators were reported to have taken up Mr. Boakai’s offer – including Alex Tyler (Bomi), Prince Moye (Bong), Darius Dillon (Montserrado), James Biney (Maryland and Nyonblee Karnga. The act of Senators serving on a presidential committee to manage presidential appointments has the effect of rendering meaningless Article 5(c.) and Article 54 (of the Constitution). As a result, to date, under Joseph Boakai’s presidency, 100% of appointed officials clear confirmation hearings. The clear constitutional intent of “consent” of the Senate was to “weed out misfits, incompetents, fraudsters” etc. Now, under the Nyonblee-Dillon Senate, we have an eclectic mix of constitutional violations – articles 5(c.) and 54 and the “rubber-stamping” of all appointees.

4. Constitution Violation (#2), Art. 8 & Art. 90(a) – Equal Opportunities for Employment and Livelihood & the Prohibition of Acts Contrary to Public Policy

In an effort to give effect to Article 8 of the Liberian constitution, the first Unity Party government (under Mrs. Ellen Johnson-Sirleaf) passed a slew of laws granting contractual rights to a certain category of public officials. Many agencies were affected – including the Governance Commission, Liberian Telecoms Authority, and Liberia Maritime Authority, amongst others. Mr. Boakai was the Senate presiding officer when every one of these [tenure] laws were passed. Notwithstanding Article 8 of our Constitution, and by extension Article 90(a.) – prohibition against acts breach of public policy – Mr. Boakai decided that “constitution be damned”, he was going to remove tenured officials because they are CDC people. This act constituted a clear breach of public policy and was discriminatory. However, Mr. Boakai thinks that as president, he is above the law. Like seriously!

5. Constitution Violation (#3) – (Art. 3 & Art. 65) Separation of Power, & The Judiciary

The Judicial Power of the Republic shall be vested in a Supreme Court … The courts shall apply both statutory and customary laws in accordance with the standards enacted by the Legislature. Judgments of the Supreme Court shall be final and binding and shall not be subject to appeal or review by any other branch of Government. Reading Article [3] in conjunction with Article [65], it’s clear the role of the Supreme Court of Liberia (and in common law countries globally). When the Supreme Court ruled against Mr. Boakai’s illegality, Mr. Boakai did not let things be – as any law-abiding individual would have done. Within 48 hours of the decision, he removed all officials protected by the Supreme Court ruling on trumped-up charges. This is a shocking display of lawlessness. As I write, the brazen illegality continues to linger, and persons protected by the Supreme Court’s decision on tenured positions are still jobless. Their only crimes? They are appointees of former President George Weah (aka CDC partisans). Well, for the record, Mr. President, CDC partisans are Liberians and are protected by the Liberian constitution – including Article (8), prohibition on employment-related discrimination.

6. Constitutional Violation (#4), Violation of Art. 34(d)(ii)(iii)

The Liberian constitution is clear on public expenditure: no public expenditure without legislative approval. But Mr. Boakai thinks the laws of the country do not apply to him. He thinks he’s above the law. So, he ordered his Minister of Public Work (MPW) to award USD 22m in services contracts on single sourcing – without legislative approval and without complying with public procurement/finance statutes (i.e., statutory violations). At a subsequent legislative hearing, Mr. Roland L. Giddings (the current Minister [MPW]) confessed to violating multiple laws on public procurement, budget, and finance. After Mr. Giddings pled guilty to violating the Public Financial Management Law (2009) and the PPCC Act [procurement] (2010) & related Regulations (2014), the Liberian legislature, contrary to law, opted to “forgive” Mr. Giddings. This is ipso facto illegal. There is no place in Liberian law “to forgive” someone who violates our criminal statutes, especially. Only the President can “pardon” and only after a conviction (Art. 59). So, as things stand, Mr. Boakai and Mr. Giddings have violated our Constitution, the PFM Act, and the PPCC Act (2010), and the Penal Law (1976). This violation is public knowledge, but the LACC, the LNP, and the MOJ will not act. As far as they are concerned, Mr. Boakai gave them a job, so they must look the other way as he and his ruling party officials lay waste to the Liberian constitution, administrative statutes, and our criminal code.

7. Bribery – Constitutional Violation #5  (Art. 90[b]) & Violation of the New Penal Law (1976), Chp. 12 [sub-chapter D, [§12.50 (1)(2)(3)]

Article 90(b)

No person holding office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.

Penal Law (Chp. 12, Sub-Chp. D, [§12.50 (1)(2)(3)].  A person has committed bribery, a second degree felony if he knowingly offers, gives or agrees to give to another, or solicits, accepts or agrees to accept from another, a thing of value as consideration for:

(a) The recipient’s official action as a public servant; or

(b) The recipient’s violation of a known duty as a public servant.

Notwithstanding the clear provisions of our laws, Mr. Boakai has twice offered bribes to members of the National Legislature. The first bribery allegation was to have the members of the National Legislature elect his choice for House Speaker – Mr. Richard Koon (Montserrado. County). The second bribery allegation relates to Mr. Boakai’s scheme to remove the Speaker (Mr. Fonati Kofa), who was not his choice to start with. Mr. Nathaniel Bahway made the former allegation – alleging an offer of USD 25k per legislator (Σ$775k), and the latter allegation was made by Mr. Yekeh Kolubah – alleging USD 4500 per legislator (Σ$195k). The House of Representatives refused to investigate the very grave allegations. Neither the LACC nor the MOJ bothered to investigate. Perhaps they are waiting for the US government’s sanctions. This is very shameful for a sovereign nation of 177 years. Our Constitution is very clear regarding bribery: (Art. 62), “The President and the Vice-President may be removed from office by impeachment for treason, bribery and other felonies, violation of the Constitution or gross misconduct”.

8. Failure to Enforce the Law & Violation of the President’s Oath of Office

President Boakai’s first duty is to enforce the laws of Liberia. One such law is the New Penal Law (1976), Liberia’s criminal code. So far, under Boakai’s presidency, it’s been business as usual, especially concerning corruption. The below constitutes just a shortlist of crimes committed brazenly and flagrantly without any attempt by our President to enforce the law.

1. Allegation of USD 650.000 inauguration funds squandered by the Miatta Fahnbulleh committee.
2. The US government’s allegation of grand corruption by nine Liberian officials, including 5 members of the current Liberian senate.
3. Allegations of USD 365,000 squandered by ruling [UP] party officials celebrating their victory
4. Allegations of USD 700,000 squandered to Senate leaders– Nyonblee Karnga and Darrius Dillon under the guise of “legislative retreat”
5. Failure to audit the national Legislature for up to USD 800m spent without [annual] audits. In the process, we see the likes of Prince Johnson, Thomas Fallah, Albert Chie, Fonati Kofa, Edwin Snowe, Emanuel Nuquay, Jeremiah Koung, etc, becoming millionaires and using their ill-gotten wealth to “win” elections and govern us law-abiding citizens. How ironic!
6. Failure to sanction officials who failed to declare their assets. At the last update, only about 15% of officials declared their assets in keeping with law. By being the first to violate the law, Mr. Boakai has lost the moral high ground to take any action against his officials.
7. Failure to dismiss and investigate Mr. Sylvester Grigsby’s unlawful request to the National Social Security Corporation for vehicles purchase, even though Mr. Grigsby had no legitimate nor “apparent” authority to make such request. Much worse, social security funds are for the elderly and the disabled. Given this fact, this Grigsby’s request is especially appalling.

9. Granting the National Security Agency (NSA) a blank check for USD 10m

Not long after Mr. Boakai came to power, and after hearing about corruption at the NSA, of which some of us frequently write, Mr. Boakai decided that he would audit the NSA and a few other agencies. He made this announcement publicly. After a couple of weeks and rather Nicodemously, Mr. Boakai privately wrote to the GAC asking them to no longer audit the NSA, that they were immune from audit (i.e., top secret agency). It must be added that this notion that, after receiving the Liberia taxpayer’s USD 10m per annum (and USD 60M over a presidential term), the NSA is immune from audit is bonkers. Here are some Liberian statutes of audits for government ministries and agencies – including the very NSA Act (2011).

PFM Law 2009	Under Liberia PFM law (2009) all line ministries and agencies are subject to accounting and report (Part VII) – including accounting (§35), reporting (§36), External Audit (§37), and internal control and Part VII (§38)
NSA Act 2011 (Section 11)	It is authorized to develop and maintain its own procurement, accounting, and auditing system separate from those of the Government. Its accounts shall be audited yearly or as circumstances may require by an auditor appointed by the President of Liberia.
GAC Act 2014 2.1.3	The auditor General shall have the right to determine which audits are to be carried out… and in the performance of his or her operational duties…shall not be subject to the direction and control of any person or authority.

Read in conjunction with Article 7 of the constitution, it is clear that Mr. Boakai’s instruction to the GAC not to continue with the audit of the NSA contravenes the constitution (Art. 7 herein) and all the above-listed statutes. As things stand, the NSA has its annual USD 10m dollars in government funds and a solid guarantee from the current President that there shall be no audit. It’s anyone’s guess what the NSA will do with that money. We waste money at home and the go abroad to beg for money.

10. Violation regarding Mr. Boakai’s self-incriminating letter to the National Legislature Concerning the 285 “Yellow Machine” 

As if all the violations already discussed were not enough, Mr. Boakai decided to trample upon the Constitution and trash it totally by bringing into the country several million [USD] dollars’ worth of earth-moving equipment (known locally as “yellow machines”). He’s signed a self-incriminating letter to our National Legislature to let them know that, in fact, it is not just Ministers Mamaka Bility and Mr. Sylvester Grigsby who are engineering this illegal deal, but that he is fully complicit. This incriminating letter is understandably full of contradictions. And I’m not surprised. After skimming through Mr. Boakai’s assets disclosures, I understand the depth of his ineptitude.

Letter Refs	Commentary
Pag 1 par 4	“We are in the negotiation phase”. This contradicts the fact that he’s taken delivery of the equipment. In most common law countries, as is the case with Liberia, taking delivery of goods is sufficient to trigger for [adverse] “usage of trade” rulings – especially if such dispute is heard in an international forum
Page 2 par2	“No public funds have been utilized.” This is just pure ignorance and/or a pure lie. Either way, it is ludicrous. The machines were possibly granted a tax waiver/free storage. Tax waivers/free storage (subsidy) are quantifiable and reportable government expenditures.
Page 2 par 3	“Contingency for unsuccessful negotiation”. Again, having taken delivery, there is no going back. This is now a “political football”, and it is very likely to drag on for months or probably years. In the interim, these machines will deteriorate much faster, given inadequate storage conditions and idleness. What happens if this case goes to court in an international forum? What is the likelihood of Liberia being held liable? It seems very high likelihood to me.
Page 1, Par 2	Gentlemen agreement!? Are you freaking kidding me? Is the Republic of Liberia now a party of a “gentleman agreement? So, Liberia is Mr. Boakai’s private company? While a gentlemen’s agreement may not “fly” under constitutional or international criminal law, in international commercial law, and under the rules of international arbitration, Liberia may [well] be hooked if the deal backfires. And the President’s letter acknowledging a “gentleman agreement” may well be used against Liberia in such international litigation. The presence of the machines in Liberia, combined with the doctrine of “usage of trade” and a separate doctrine of “apparent authority,” may pose big legal risks for Liberia. An individual who is currently a President of a sovereign state cannot possibly “sign” a “gentleman agreement” over an item(s) that benefits the state. An international court will likely decide against the state (i.e., “apparent authority”).
Material Omission	“No name, no blame.” As we say in Liberia. Mr. Boakai’s mysterious friend opted to give Liberia an early Christmas [present]. How in the world the President of a sovereign nation can write the National Legislature and say “his friend” [No Name] gave him several million dollars’ worth of equipment with no strings attached? This is sheer lunacy! Has our President lost his mind? This reminds me of our Buga-dancing playboy pastor [ex-President] Mr. George Weah], whose Burkinabe friend gave him a “private jet” to “boost his morale”.

I shudder to think of just how many constitutional violations are [there] with this self-incriminating letter. I could say probably half a dozen– including violation of Art. 34(d)(ii)(iii), Article 3, and the violation of the President’s oath of office. This act also violates myriad statutes, including the PFM law (2009), PPCC law and regulations (2010, 2014), The Revenue Code (2000), the Code of Conduct law (2014), the Local Government Act etc. So, the question is, what will the LACC or the MOJ do? I bet they are waiting for the US government’s December 2024 round of sanctions. And lastly and more importantly to our National Legislature, how many violations of the constitution for charges to be filed against the President? How many 5? 10? 20? Yeah, charges as in impeachment? Who is going to put an end to Mr. Boakai’s law-breaking spree? I have documented at least ten (10) violations of the Constitution and statutes of Liberia, including the grave allegations of bribery. And were it not for space constraints, I could easily list twenty (20). Will our legislators follow the LACC and MOJ and do nothing? Are they also waiting for the US government sanctions list in December? This is sad. So sad!

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[1]  See more @ https://frontpageafricaonline.com/news/liberia-under-pressure-president-reportedly-sets-up-team-to-deal-with-appointments/

Wonderr K. Freeman is a Liberian Investment Attorney, Political Economist, Accountant, and Certified Financial Crimes Specialist (CFCS) currently based in Minneapolis, USA. Mr. Freeman’s professional interests span the intersection of law and economics, including the political economy of development, economic justice, international trade/investment law, and financial crimes law. He can be reached at [email protected]. He blogs at https://wonderrfreeman.com